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(영문) 광주지방법원 2017.06.02 2016가단508886
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 16, 2009, the Plaintiff entered into an insurance contract with the Defendant as the insured (hereinafter “instant insurance contract”). The instant insurance contract includes a collateral for the payment of the daily amount of hospitalization when the insured is hospitalized due to injury or disease.

B. From March 15, 2011 to March 29, 2011, the Defendant received hospital treatment from “B oriental medical hospital” under the diagnosis of “the knee knee knee knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne,” and received insurance money from the Plaintiff under the insurance contract of this case as indicated below, including “the Defendant’s treatment records” as indicated in the “the Defendant’s treatment records” from around that time until October 10, 2015.

B CD E F GF H I H I H I H HI H

C. The status of the insurance contracts concluded by the Defendant as the insured including the instant insurance contracts is as follows.

(The insurance contract of this case is Nos. 10). [Based on recognition] / Each entry in Gap evidence Nos. 1 through 5 (including each number), the result of each order to submit each document, the result of each order to submit financial transaction information, or the result of inquiry inquiry, the purport of the whole pleadings.

2. The Plaintiff asserted that the Defendant concluded multiple insurance contracts, including the instant insurance contract, with similar coverage, and accordingly, the Defendant’s monthly insurance premium to be paid by the Defendant is excessive compared to the Defendant’s income, and the Defendant repeatedly received excessive hospitalization for a long time, even though there was no reason for hospitalization.

Therefore, the insurance contract of this case is concluded for the purpose of unfairly acquiring insurance money.

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